The U.S. Supreme Court on Tuesday agreed to hear a case addressing whether federal prisoners may appeal the denial of habeas relief when the legal issue they seek to raise is the subject of a circuit split...even when binding precedent in their own circuit forecloses their claim.
The case, Corey Berry v. United States, concerns Mr. Berry who is challenging his conviction for using a firearm during an attempted carjacking. In his petition for review, Berry argues that the Eleventh Circuit improperly denied him a certificate of appealability based on circuit precedent resolving a burden-of-proof issue against him, despite other federal circuits having reached a contrary conclusion.
Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a federal prisoner generally cannot appeal the denial of a habeas corpus petition without a certificate of appealability. To obtain one, the prisoner must make a “substantial showing of the denial of a constitutional right.”
Berry has asked the Supreme Court to determine whether a court of appeals should grant a certificate of appealability when binding precedent in that circuit forecloses the prisoner's claim, but another federal circuit has resolved the same legal issue in the prisoner's favor.
The question has implications for habeas petitioners seeking appellate review of constitutional claims in the face of conflicting interpretations of federal law. The Court's decision could clarify when a circuit split is sufficient to permit an appeal, even if existing precedent in the petitioner's circuit stands against the claim.
Mr. Berry is represented by Hector Dopico, Andrew Adler, and Janice Bergmann of the Federal Public Defender's Office.
Back to News Page